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Archive: January, 2020

Posts in January, 2020

FAQs on LLP formation in India

January 22, 2020 3495 Views 1 comment Print

There are many questions that might be arising while you want to register your LLP. Here we have made a compilation of the Most Frequently Asked questions. Q1) What is the full form of LLP? Ans. The full form of LLP is a Limited Liability Partnership. Q2) What is Limited Liability Partnership? Ans. LLP is an alternative […]

No Provision in IBC mandating that Resolution Plan Should Match Liquidation Value

January 22, 2020 4599 Views 0 comment Print

Maharasthra Seamless Limited Vs Padmanabhan Venkatesh & Ors. (Supreme Court) No Provision in IBC, 2016 which mandated that That Resolution Plan Should Match Liquidation Value No provision in Insolvency and Bankruptcy Code, 2016 or Regulations has been brought to our notice under which the bid of any Resolution Applicant has to match liquidation value arrived […]

HC allows filing of Appeal on payment of Rs. 2 Lakh instead of 20% of demand

January 22, 2020 1686 Views 0 comment Print

Suresh Anuradha Vs CIT (Madras High Court) In the given case, the second respondent has demanded the petitioner to pay a sum equivalent to 20% of levied tax on or before 17.01.2020 for entertaining the appeal and stay petition under Section 220(6) of Income Tax Act 1961. Earlier, an assessment order was passed on 11.12.2009 […]

No Service Tax on Membership Fees paid by Member to Club/Association

January 22, 2020 5481 Views 0 comment Print

The same issue has been dealt by the Honble Gujarat High Court in the case of Federation of Surat Textile Traders Association vs. UOI [2017 (52) STR 478 (Gujarat)] and in the case of Calcutta Club Limited (supra) wherein it has been held that the services provided by the assessee to its members is not liable to pay service tax.

AAR have no jurisdiction to rule on place of supply of Goods/Services

January 22, 2020 1914 Views 0 comment Print

On perusal of the provision of section 97(2), we find that the question on the determination of place of supply has not been covered in the above set of questions, on which advance ruling can be given. Therefore, we do not have jurisdiction to pass any ruling on such questions which involve the determination of the place of supply of goods or services or both.

It’s Not Too Late To Save tax!

January 22, 2020 8886 Views 2 comments Print

The deadline for making tax saving investments is 31 March. But, there is still time to adopt last minute tax saving tips to claims tax benefits offered by the Government. This article discusses some tax investment avenues which can be utilized before 31 March to lower one’s overall tax liability.

ITC eligible on free supply of goods as a part of CSR activities

January 22, 2020 5646 Views 0 comment Print

A clear distinction needs to be drawn between goods given as ‘gift’ and those provided /supplied as a part of CSR activities. While the former is voluntary and occasional, the later is obligatory and regular in nature. CSR expenses incurred by the applicant have been mandated under the Companies Act, 2013. It is the applicant’s obligation to incur such expenses in order to be in compliant with the law. Since CSR expenses are not incurred voluntarily, accordingly, we are of the opinion that they do not qualify as ‘gifts’ and therefore its credit is not restricted under Section 17(5) of the CGST Act, 2017.

5 Important points related to Charitable / religious trusts

January 22, 2020 173976 Views 27 comments Print

Finance Act’2017 had made some major changes relating to Charitable and religious trusts. In this Article we have discussed five major amendments which are affecting Charitable and religious trusts.

Section 194-IB TDS on Rent of Property with FAQs

January 22, 2020 87192 Views 7 comments Print

The Finance Act, 2017 has introduced section 194-IB providing that Tenant of a property making monthly rent payment exceeding ₹ 50, 000 is required to deduct tax at the rate of 5% from the rent payable to a resident landlord.

GST: No ITC to Co-op Hsg. Soc. on replacement of existing lift

January 22, 2020 5955 Views 0 comment Print

To summarize, Manufacture, Supply, Installation and Commissioning of Lifts/ Elevators is in the nature of Works Contract activity which results in creation of an immovable property. Hence in view of the above discussions and Explanation to Section 17 of the CGST Act, we are of the opinion that the applicant is not entitled to ITC of GST paid on replacement of existing Lift/Elevator, in its premises.

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